“If the other party made it a strict condition that they only wanted sex if it was safe, it is possible the courts could construe such activity, post-removal of the condom, as being rape,” he told The Sun Online.

“We are still waiting for a case to come to court at this point but I think that is a possibility.”

Kelcey, who has specialized in cases involving sexual allegations, said he would “caution a man to be very careful about partaking in this activity” as it could have grave repercussions.

He added: “The other consequence is that if the woman were to catch a sexually transmitted disease, it could be deemed to be a serious assault.”

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The Crown Prosecution Service told The Sun Online that they could not comment on whether “stealthing” is classed as rape because there hasn’t been a case tried in the UK yet, so it’s unclear how the law would be interpreted.

The Ministry of Justice declined to give an official statement on the issue but said that if any case were brought, it would be up to the prosecution service and judiciary to determine if the act was criminal.

The court concluded that the woman would have said no to sex if she had known the condom would be removed.

Katie Russell from Rape Crisis England & Wales told The Sun Online: “Both the law and the Crown Prosecution Service are clear that so-called ‘stealthing’ is a very serious sexual offense and, depending on precise circumstances, could be prosecuted as rape.

“Anyone has the right to consent to one type of sexual activity but not another.”

“If one party has received consent for sex on the basis they wear a condom and then removed the condom without the other person’s knowledge or permission, consent for sex after that point is lost. Sex without consent is rape.”